Mobile Government

CITY COUNCIL MEETINGS: Minutes and Agendas


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The City Council meets every Tuesday


9:00 a.m. - Pre Council Meeting in the Council Conference Room on the 9th Floor of the South Tower in Government Plaza.

10:30 a.m. - The Council Meeting begins in Government Plaza Auditorium on the First Floor.


Council minutes for Mar 15, 2016

MUNICIPAL BUILDING, MOBILE, ALABAMA, MARCH 15, 2016

The Council of the City of Mobile, Alabama, met in the Pre-Council Conference Room of the Mobile Government Plaza on Thursday, March 15, 2016, at 9:00 a.m.

Present:
Chairman: Gregory
Councilmembers: Manzie, Small, Rich, Daves and Richardson
Absent: Williams

The meeting was called to order. The Council reviewed and discussed the agenda for their meeting to be held today at 10:30 a.m.

The Presiding Officer adjourned the meeting.

Approved:

_______________________________
PRESIDENT OF THE COUNCIL

_______________________________
CITY CLERK


MUNICIPAL BUILDING, MOBILE, ALABAMA, MARCH 15, 2016

The Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza on Thursday, March 15, 2016, at 10:30 a.m., in regular meeting.

The meeting was called to order by City Clerk Lisa C. Lambert.

Pastor Marvin C. Lue, Jr., Stewart Memorial CME Church, offered an invocation.

The Presiding Officer led the Pledge of Allegiance.

Present on Roll Call:

Chairman: Gregory
Councilmembers: Manzie, Small, Daves, Rich and Richardson
Absent: Williams

STATEMENT OF RULES BY COUNCIL PRESIDENT:

The Presiding Officer stated that all cell phones must be turned off and dispensed with reading the following Rules concerning communications with the City Council with the exception of #1 and #4:

1) Any person desiring to address the Council must register upon entering the meeting area. When addressing the Council, the speaker must state his/her name and address.

2) Each speaker is allowed five minutes to address the Council. A bell will sound to indicate the end of four minutes. One minute is allowed for summarizing. The second bell indicates the time has expired.

3) To maintain decorum, there will be no undue applause and/or public outcry allowed.

4) When addressing the Council, there is to be no personal address to any individual Councilmember. All statements are to be made to the Chair who will recognize any Councilmember who wishes to respond.

5) Any person desiring to speak to the Council on a non-agenda item must contact the City Clerk's Office no later than 2:00 p.m. on the Thursday prior to the Council Meeting. The subject he/she wishes to address must be identified. Any person attending the meeting who has not given proper notice to the Clerk's Office and wishes to speak on a non-agenda item will not be allowed to address the Council.

6) Those persons desiring to speak on agenda items must indicate the resolution, ordinance, appeal, or public hearing item on arrival when signing in for the meeting.

APPROVAL OF MINUTES:

The minutes of the meeting of March 10, 2016, were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Councilmember Richardson read a proclamation declaring Tuesday, March 15, 2016 as “Leflore Girls Basketball Team Day” in honor of their 34-0 season and State Championship win.

Councilmember Manzie read a proclamation declaring Tuesday, March 15, 2016 as “McGill-Toolen Boys Basketball Team Day” in honor of their State Championship win.

Mayor Stimpson thanked all the ladies from Delta Sigma Theta for being present at today’s meeting.

Mayor Stimpson recognized and asked for a moment of silence for Dr. Glen Sebastian, Chairman of the University of South Alabama Department of Earth Sciences. Dr. Sebastian passed away March 11, 2016.

Mayor Stimpson noted that for the second year in a row the Mobile Police Department’s program “Bridging the Gap” will be exhibited on a national stage. Chief Barber will present the program to all United States attorneys at the Department of Justice.

Mayor Stimpson noted that the groundbreaking ceremony for the new federal courthouse was held on March 11, 2016

Mayor Stimpson reported that last week the first Vendor Town Hall was held. This event was for vendors to learn more about the City's new vendor self-service portal, the City's supplier diversity program, upcoming City business opportunities and vendor engagement programs.

ADOPTION OF THE AGENDA:

Councilmember Richardson moved for the adoption of the agenda, which motion was seconded by Councilmember Small, and the vote was as follows:

Ayes: Manzie, Small, Rich, Gregory, Daves and Richardson
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the agenda adopted.

APPEALS:

(1) The Council considered the request of Diane Glover for a waiver of the Noise Ordinance at 1227 Dr. Martin Luther King, Jr. Avenue on March 19, 2016 from 5:00 p.m. – 10:00 p.m. (District 2).

There being no objections, Councilmember Richardson moved that the waiver be granted, which motion was seconded by Councilmember Manzie, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Daves, Rich, Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the waiver granted.

(2) The Council considered the request of Edward Flotte, SouthSounds Music & Arts Festival/Mobile Arts Council, for a waiver of the Noise Ordinance at Cathedral Square, O’Daly’s Irish Pub, 564 Dauphin Street on April 8 through April 10, 2016 from 11:00 a.m. - 11:00 p.m. (District 2).

There being no objections, Councilmember Richardson moved that the waiver be granted, which motion was seconded by Councilmember Manzie, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Daves, Rich, Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the waiver granted.

(3) The Council considered the request of Monica Peters for a waiver of the Noise Ordinance at 1303 Windsor Avenue on March 19, 2016, from 4:00 p.m. – 10:00 p.m. (District 3).

There being no objections, Councilmember Richardson moved that the waiver be granted, which motion was seconded by Councilmember Manzie, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Daves, Rich, Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the waiver granted.


PUBLIC HEARINGS:

PUBLIC HEARING TO REZONE PROPERTY AT 3500 AND 3520 GOVERNMENT BOULEVARD (NORTH SIDE OF WEST I-65 SERVICE ROAD SOUTH, 510 +/- EAST OF LAKESIDE DRIVE) FROM I-1 AND B-3 TO B-3.

The Presiding Officer announced that today was the day for the public hearing to rezone property located at 3500 and 3520 Government Boulevard and asked if there was anyone present to speak for or against this matter. No one appeared.

The Presiding Officer declared the hearing concluded and that the necessary ordinance authorizing the proper action would be introduced later in the meeting.

RESOLUTIONS HELD OVER:

AUTHORIZE AGREEMENT WITH BMI DEPENDENT AUDIT SERVICES, LLC, TO CONDUCT DEPENDENT AUDIT OF THE CITY’S HEALTH PLAN; TO COLLECT TOBACCO ATTESTATION FORMS; AND TO COLLECT AN EEO-4 SURVEY, $34,186.00. The following resolution which was introduced and read at the regular meeting of Tuesday, March 10, 2016, and laid over until the regular meeting of Thursday, March 15, 2016, was called up by the Presiding Officer.

RESOLUTION: 01-155-2016

Sponsored by: Councilmember Daves and Mayor Stimpson

BE IT ESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, the Dependent Eligibility Audit Services Agreement between the City of Mobile and BMI Audit Services, LLC, for the conducting of a dependent audit of the City of Mobile Health PIan; to collect Tobacco Attestation Forms needed to determine employee contribution rates for implementation of Tobacco Cessation Program; and to conduct an EEO-4 survey, as outlined in the agreement attached hereto and made a part hereof as though set forth in full. A copy of said agreement is on file in the office of the City Clerk.

BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor and City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, the Business Associate Agreement between the City of Mobile and BMI Audit Services, LLC, to prevent the disclosure of protected health information, as outlined in the agreement attached hereto and made a part hereof as though set forth in full. A copy of said agreement is on file in the office of the City Clerk.

The resolution was read by the City Clerk; whereupon Councilmember Daves moved that the resolution be adopted, which was seconded by Councilmember Richardson, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

AUTHORIZE CONTRACT WITH PPM CONSULTANTS, INC., FOR LADD STADIUM ANNUAL GROUND WATER MONITORING/STATISTICAL EVALUATION, $12,905.55. The following resolution which was introduced and read at the regular meeting of Tuesday, March 10, 2016, and laid over until the regular meeting of Thursday, March 15, 2016, was called up by the Presiding Officer.

RESOLUTION: 21-156-2016

Sponsored by: Councilmember Manzie and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a contract, by and between the City of Mobile and the Company listed below, for work as outlined in the contract attached hereto and made a part hereof as set forth in full, subject to the company signing the contract and furnishing the required bonds and insurance. A copy of said executed contract will be on file in the office of the City Clerk.

Name of company: PPM Consultants, Inc.

Project Name: Ladd Stadium Annual Ground Water
Monitoring/Statistical Evaluation

Estimated cost: $12,905.55

The resolution was read by the City Clerk; whereupon Councilmember Gregory moved that the resolution be adopted, which was seconded by Councilmember Manzie, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

AUTHORIZE CONTRACT WITH HARRIS CONTRACTING SERVICES, INC., FOR HANK AARON STADIUM-POWER QUALITY IMPROVEMENTS, $49,900.00. The following resolution which was introduced and read at the regular meeting of Tuesday, March 10, 2016, and laid over until the regular meeting of Thursday, March 15, 2016, was called up by the Presiding Officer.

RESOLUTION: 21-157-2016

Sponsored by: Councilmembers Williams and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a Contract by and between the City of Mobile, and the company listed below, for work as outlined in the contract attached hereto and made a part hereof as though set forth in full. A copy of said contract is on file in the office of the City Clerk.

Nam of company: Harris Contracting Services, Inc.

Project name: Hank Aaron Stadium - Power Quality Improvements

Project number: PR-057-16

Amount: $49,900.00

Councilmember Rich stated this is a health and safety issue regarding a lack of electrical grounding. Councilmember Rich also stated that the City will receive a lease payment from the Bay Bears on March 21, 2016. Mrs. Rich requested the administration to notify the Council once the payment is received.

The resolution was read by the City Clerk; whereupon Councilmember Manzie moved that the resolution be adopted, which was seconded by Councilmember Gregory, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

AUTHORIZE CONTRACT WITH PRA GOVERNMENT SERVICES, LLC, D/B/A RDS, TO DISCOVER UNLICENSED BUSINESSES THAT HAVE NOT BEEN IDENTIFIED BY THE CITY REVENUE DEPARTMENT. The following resolution which was introduced and read at the regular meeting of Tuesday, March 10, 2016, and laid over until the regular meeting of Thursday, March 15, 2016, was called up by the Presiding Officer.

RESOLUTION: 21-158-2016

Sponsored by: Councilmember Daves and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, the Tax Revenue Enhancement Agreement Business License Discovery/Recovery, between the City of Mobile and PRA Government Services, LLC d/b/a RDS, as outlined the agreement attached hereto and made a part hereof as though set forth in full. A copy of said agreement is on file in the office of the City Clerk.

The resolution was read by the City Clerk; whereupon Councilmember Daves moved that the resolution be adopted, which was seconded by Councilmember Small, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.


ACCEPT PERMANENT SIDEWALK AND DRAINAGE EASEMENTS FROM WESTWOOD PLAZA, LLC, NEEDED FOR THOMAS ROAD INTERSECTION IMPROVEMENTS. The following resolution which was introduced and read at the regular meeting of Tuesday, March 10, 2016, and laid over until the regular meeting of Thursday, March 15, 2016, was called up by the Presiding Officer.

RESOLUTION: 21-159-2016

Sponsored by: Councilmember Rich and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE ALABAMA that: THE CITY OF MOBILE does hereby accept the Permanent Sidewalk Easement and Permanent Drainage Easement, needed for Thomas Road Intersection Improvements.

SAID PERMANENT SIDEWALK EASEMENT AND PERMANENT DRAINAGE EASEMENTS are by reference made a part of this resolution as fully as if set forth herein with a copy attached hereto.

The resolution was read by the City Clerk; whereupon Councilmember Rich moved that the resolution be adopted, which was seconded by Councilmember Small, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

AUTHORIZE CONTRACT WITH THOMPSON ENGINEERING INC., FOR CITY OF MOBILE, ALABAMA CRUISE TERMINAL, MOORING HARDWARE INSPECTION SERVICES, $14,900.00. The following resolution which was introduced and read at the regular meeting of Tuesday, March 10, 2016, and laid over until the regular meeting of Thursday, March 15, 2016, was called up by the Presiding Officer.

RESOLUTION: 21-161-2016

Sponsored by: Councilmember Manzie and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a contract, by and between the City of Mobile, and the company listed below, for work as outlined in the contract attached hereto and made a part hereof as though set forth in full. A copy of said contract is on file in the office of the City Clerk.

Name of company: Thompson Engineering, Inc.

Project name: City of Mobile, Alabama Cruise Terminal
Mooring Hardware Inspection Services

Project number: CT-017-16

Amount: $14,900.00

The resolution was read by the City Clerk; whereupon Councilmember Small moved that the resolution be adopted, which was seconded by Councilmember Rich, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.


SUSPENSION OF RULES FOR IMMEDIATE CONSIDERATION OF ORDINANCES BEING INTRODUCED FOR FIRST TIME:

Councilmember Richardson moved for the suspension of the rules for the immediate consideration of Resolutions 64-011 and 02-012. The motion was seconded by Councilmember Gregory, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Daves, Rich, Gregory
Nays: None

The Presiding Officer declared unanimous consent granted for the items.

REZONE PROPERTY AT 3500 AND 3520 GOVERNMENT BOULEVARD (NORTH SIDE OF WEST I-65 SERVICE ROAD SOUTH, 510 +/- EAST OF LAKESIDE DRIVE). FROM I-1 AND B-3 TO B-3. The following ordinance was introduced by Councilmember Richardson.

ORDINANCE: 64-011-2016

AMENDING THE ORDINANCE ADOPTED BY THE BOARD OF COMISSIONERS OF THE CITY OF MOBILE ON THE 16TH DAY OF MAY, 1967, SAID ORDINANCE BEING COMMONLY KNOWN AS THE ZONING ORDINANCE.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOBILE AS FOLLOWS:

Section One: That the Ordinance commonly known as the Zoning Ordinance and adopted on May 16, 1967, together with the Zoning Map of the City of Mobile, 1967, be, and the same hereby is changed and altered in respect to that certain property in the City of Mobile State of Alabama, described as follows to-wit:

LOT 1 RESUBDIVISION OF LOT 2, PHASE ONE, HARRIS BUSINESS PARK AS RECORDED IN MAP BOOK 79 PAGE 105, PROBATE COURT RECORDS, MOBILE COUNTY ALABAMA.

The classification of said property is hereby changed from Rezoning from I-1, Light Industry District, and B-3, Community Business District, to B-3, Community Business district, and it shall hereafter be lawful to construct on such property any structures permitted by the Ordinance of May 16, 1967, commonly known as the Zoning Ordinance and to use said premises for any use permitted by the terms of said Ordinance in a B-3, Community Business District, provided, however, that the plans for any structure or building sought to be erected on said property shall be in compliance with the building laws of the City of Mobile, and that any structure shall be approved by the Building Inspector of the City of Mobile, and that any such structure be erected only in compliance with such laws, including the requirements of said Zoning Ordinance of May 16, 1967, and further provided, however, that no lot or parcel of land herein above described shall be used for any use allowed in a B-3, Community Business District, until aII of the conditions set forth below have been complied with: 1) full compliance with section 64-4.E.3. of the Zoning Ordinance regarding tree and landscaping requirements; 2) Board of Zoning Adjustment Surface Variance approval regarding aggregate surfacing; 3)completion of the subdivision process; and 4) full compliance with all other municipal codes and ordinances.

Section Two: This Ordinance shall be in force and effect from and after its adoption and publication.

The ordinance was read by the City Clerk; whereupon Councilmember Richardson moved that the ordinance be tabled, which was seconded by Councilmember Gregory, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution tabled.

ORDINANCE TO AMEND THE RULES OF PROCEDURE FOR THE MAYOR-COUNCIL FORM OF GOVERNMENT TO CLARIFY THE REQUIREMENTS FOR PLACING AN ITEM ON THE CITY COUNCIL MEETING AGENDA. The following ordinance was introduced by Councilmember Richardson.

ORDINANCE: 02-012-2016

WHEREAS, all legislative powers of the City are vested in the Council, and the Council is authorized to set the agenda for its meetings and to determine its own rules and order of business; and,

WHEREAS, the Council desires to amend the Council's Rules of Procedure to clarify the requirements for placing an item on the agenda for the Council's meetings.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, as follows:

SECTION ONE. That Section Sixteen (B) of the Rules of Procedure for the Mayor Council Form of Government for the City of Mobile, Alabama, codified at section 2-66(b) of the Mobile City Code, is hereby amended so that it now reads in its entirety as follows:

(B). Ordinances, resolutions, and other matters or subjects requiring action by the Council must be sponsored by a member of the Council or the Mayor. If a Council committee recommends any item or matter to the Council, the Committee Chair, or any member of the Committee, may be listed as a sponsor, but they must be listed by name, not by Committee.

SECTION THREE. All ordinances and laws, or parts thereof, that are in conflict with the provisions of this Ordinance, are hereby repealed.

SECTION FOUR. This Ordinance will be in full force and effect from and after its adoption and publication as required by law.

The ordinance was read by the City Clerk; whereupon Councilmember Richardson moved that the ordinance be adopted, which was seconded by Councilmember Gregory, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the ordinance adopted.

STATE OF ALABAMA)
COUNTY OF MOBILE)

I, Lisa C. Lambert, City Clerk of Mobile, Alabama, hereby certify that Ordinance No. 64-009 Series 2016 was published in the Press-Register, a newspaper of general circulation in the City and County of Mobile, Alabama, on:

SUSPENSION OF RULES FOR IMMEDIATE CONSIDERATION OF CONSENT RESOLUTIONS BEING INTRODUCED FOR FIRST TIME:

Councilmember Richardson moved for the suspension of the rules for the immediate consideration of Resolutions 03-165 through 03-167, 31-168 through 31-170, 37-171 through 37-173, 58-174 and 58-175, 21-176 and 21-1766 and 03-179. The motion was seconded by Councilmember Gregory, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Daves, Rich, Gregory
Nays: None

The Presiding Officer declared unanimous consent granted for the items

CONSENT RESOLUTIONS BEING INTRODUCED:

CONFIRM THE MAYOR’S APPOINTMENT OF LANCE COVAN TO THE MOBILE AIRPORT AUTHORITY. The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 03-165-2016

Sponsored by: Councilmember Daves and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor's appointment of Lance Covan to the Mobile Airport Authority, for a term effective March 25, 2016 through March 24, 2022 and to the position currently occupied by Thomas L. Busby, is hereby approved and confirmed.

Councilmember Small congratulated Lance Covan on his appointment and referenced Section 11-4C-93 of the Zoghby Act in asking Council Attorney Jim Rossler if the intent is for board appointments to reflect the demographics of Mobile. Mr. Rossler answered affirmatively.

Councilmember Manzie stated that Lance Covan merits his appointment and that Mayor Stimpson is receptive to diversifying board appointments.

The resolution was read by the City Clerk; whereupon Councilmember Rich moved that the resolution be adopted, which was seconded by Councilmember Daves, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

REAPPOINT CATHERINE O’KEEFE AND VINCENT LANG TO THE CITIZEN’S PARKS AND RECREATION ADVISORY COMMITTEE. The following resolution was introduced by Councilmember Rich.

RESOLUTION: 03-166-2016

Sponsored by: Councilmember Rich and Gregory

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Catherine O'Keefe (District 6) and Vincent Lang (District 7) are re-appointed to the Citizens Parks and Recreation Advisory Committee effectively immediately for terms ending November 1, 2017.

The resolution was read by the City Clerk; whereupon Councilmember Rich moved that the resolution be adopted, which was seconded by Councilmember Daves, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

REAPPOINT JEREMY B. MILLING TO THE BOARD OF ADJUSTMENT. The following resolution was introduced by Councilmember Rich.

RESOLUTION: 03-167-2016

Sponsored by: Councilmember Daves

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Jeremy B. Milling is re-appointed to the Board of Adjustment effective immediately for a term ending February 7, 2019.

The resolution was read by the City Clerk; whereupon Councilmember Rich moved that the resolution be adopted, which was seconded by Councilmember Daves, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

AUTHORIZE MEMORANDUM OF UNDERSTANDING AUTHORIZING THE CITY TO SUBMIT APPLICATION TO THE U.S. DEPARTMENT OF JUSTICE OFFICE OF VIOLENCE ON WOMEN (OVW) FOR THE FY 16 IMPROVING CRIMINAL JUSTICE RESPONSES TO SEXUAL ASSAULT, DOMESTIC VIOLENCE, DATING VIOLENCE AND STALKING GRANT PROGRAM IN THE AMOUNT OF $450,000.00 (NO LOCAL MATCH). The following resolution was introduced by Councilmember Rich.

RESOLUTION: 31-168-2016

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor is authorized and directed to execute for and on behalf of the City of Mobile, the Memorandum of Understanding between Mobile County District Attorney's Office; University of South Alabama Police Department; Rape Crisis Center, a program of Family Counseling Center of Mobile; Penelope House; Boat People SOS; Guadalupe Center, a program of. Providence Hospital; Independent Living Center of Mobile; Mobile Police Department; and the City of Mobile, for the City to receive funds in the amount of $450,000.00, if approved for the U. S. Department of Justice Office of Violence on Women (OVW) FY 16, Improving Criminal Justice Responses to Sexual Assault, Domestic Violence, Dating Violence and Stalking Grant Program, as outlined in the Memorandum of Understanding attached hereto and made a part hereof as though set forth in full. A copy of said Memorandum of Understanding is on file in the office of the City Clerk.

Councilmember Rich requested the administration report to the Council what grants have been awarded to the City for the police and fire departments.

The resolution was read by the City Clerk; whereupon Councilmember Rich moved that the resolution be adopted, which was seconded by Councilmember Manzie, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

AUTHORIZE THE MAYOR TO APPLY, ACCEPT AND RECEIVE FUNDING FOR THE FY 16 DOJ-OVW IMPROVING CRIMINAL JUSTICE RESPONSES TO SEXUAL ASSAULT, DOMESTIC VIOLENCE, DATING VIOLENCE AND STALKING GRANT PROGRAM, $450,000.00 (NO LOCAL MATCH). The following resolution was introduced by Councilmember Rich.

RESOLUTION: 31-169-2016

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor is authorized to apply, accept and receive from the U.S Department of Justice, Office of Violence on Women (OVW) a Memorandum of Agreement for financial assistance in the approximate amount of $450,000.00 for the FY2016 Improving Criminal Justice Responses to Sexual Assault, Domestic Violence, Dating Violence and Stalking Grant Program.

BE IT FURTHER RESOLVED that the Mayor or his designee be authorized to accept said grant if offered and to sign any agreements or other documents in connection with the grant application and to provide any information required by the U. S. Department of Justice and any other federal agency.

The resolution was read by the City Clerk; whereupon Councilmember Rich moved that the resolution be adopted, which was seconded by Councilmember Manzie, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

AUTHORIZE THE CITY TO APPLY FOR THE FY 2015 STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE GRANTS PROGRAM, $2,800,000.00 (NO LOCAL MATCH). The following resolution was introduced by Councilmember Rich.

RESOLUTION: 31-170-2016

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that The Mayor is hereby authorized to file a grant through the United States Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), in the amount of $2,800,000.00 under the FY 2015 Staffing for Adequate Fire and Emergency Response (SAFER) Grants Program to be used for the Mobile Fire-Rescue Department.

No matching funds are required.

The resolution was read by the City Clerk; whereupon Councilmember Rich moved that the resolution be adopted, which was seconded by Councilmember Manzie, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A SPECIAL EVENTS RETAIL LICENSE FOR LUCKY FEST 2016, MARCH 17, 2016, 3692 AIRPORT BOULEVARD (PARKING LOT). The following resolution was introduced by Councilmember Small.

RESOLUTION: 37-171-2016

Sponsored by: Councilmember Daves

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the following application to the Alabama Alcoholic Beverage Control Board of the State of Alabama, is hereby recommended for grant of such license by said Board.

Type of application: Special Events Retail License

Submitted by: Lucky Mobile, LLC

Location: Lucky Fest 2016 (March 17, 2016)
3692 Airport Boulevard (parking lot)
Mobile, AL 36608

The resolution was read by the City Clerk; whereupon Councilmember Small moved that the resolution be adopted, which was seconded by Councilmember Manzie, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RETAIL BEER/TABLE WINE (OFF PREMISES ONLY) LICENSE FOR BEBO’S EXPRESS #6, 6377 OLD SHELL ROAD. The following resolution was introduced by Councilmember Small.

RESOLUTION: 37-172-2016

Sponsored by: Councilmember Rich

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the following application to the Alabama Alcoholic Beverage Control Board of the State of Alabama, is hereby recommended for grant of such license by said Board.

Type of application: Retail Beer Table Wine (Off Premises Only) License

Submitted by: Bebo's Express #6 LLC

Location: Bebo's Express #6
6377 Old Shell Road
Mobile, AL 36608

The resolution was read by the City Clerk; whereupon Councilmember Small moved that the resolution be adopted, which was seconded by Councilmember Manzie, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RETAIL BEER/TABLE WINE (OFF PREMISES ONLY) LICENSE FOR MURPHY EXPRESS #8764, 150 SPRINGDALE BOULEVARD. The following resolution was introduced by Councilmember Small.

RESOLUTION: 37-173-2016

Sponsored by: Councilmember Daves

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the following application to the Alabama Alcoholic Beverage Control Board of the State of Alabama, is hereby recommended for grant of such license by said Board.

Type of application: Retail Beer/Table Wine (Off Premises Only) License

Submitted by: Murphy Oil USA, Inc.

Location: Murphy Express #8764
150 Springdale Boulevard
Mobile, AL 36606

The resolution was read by the City Clerk; whereupon Councilmember Small moved that the resolution be adopted, which was seconded by Councilmember Manzie, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

ADD FAITH LAWN CARE & CONTRACTOR SERVICES, LLC TO THE LIST OF PRIVATE CONTRACTORS TO ABATE PROPERTIES DECLARED PUBLIC NUISANCES. The following resolution was introduced by Councilmember Small.

RESOLUTION: 58-174-2016

WHEREAS, the City Council of Mobile, Alabama, on February 28, 1990, adopted Ordinance No. 24-014, entitled "AN ORDINANCE AMENDING ORDINANCE NUMBER 24-074 ADOPTED JULY 5, 1988, PROVIDING THAT CERTAIN WEEDS AND DEBRIS WITHIN THE CITY OF MOBILE CONSTITUTE A PUBLIC NUISANCE; ABATEMENT AND PRIVATIZATION PROCEDURES; ASSESSMENT, COLLECTION, AND ENFORCEMENT PROCEDURES; and

WHEREAS, Article III, Section III, of said Ordinance provided that a "rotation list" of private contractors be established to abate properties declared public nuisances; and

WHEREAS, the following company has complied with all requirements of said Ordinance, and all documentation required by said Ordinance is on file in the Lot Cleaning Division of the Land Use/Code Administration Department.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that Faith Lawn Care & Contractor Services, LLC be added to the rotation list for utilization by the City of Mobile to abate properties declared as public nuisances.

The resolution was read by the City Clerk; whereupon Councilmember Small moved that the resolution be adopted, which was seconded by Councilmember Manzie, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

ASSESS COST FOR REMOVAL OF WEEDS, GROUP #1518. The following resolution was introduced by Councilmember Small.

RESOLUTION: 58-175-2016

RESOLUTION ASSESSING THE COST OF REMOVAL OF NOXIOUS OR DANGEROUS WEEDS IN FRONT OF OR ON CERTAIN PARCELS OF LAND IN THE CITY OF MOBILE, ALABAMA

WHEREAS, an itemized report in writing has been made to the City Council of Mobile, showing the costs of removing noxious or dangerous weeds on or in front of the hereinafter described parcels of land, a copy of such report having first been posted on the Council Chamber door more than three days prior to the meeting at which the report was received, and the City Council having heard the report, together with any objections which may have been raised by any of the property owners liable to be assessed for the work of cutting such weeds, and the City Council being of the opinion that such report in all respects be confirmed:

IT IS THEREFORE RESOLVED BY THE CITY COUNCIL OF MOBILE as follows:

Section 1. The amount set opposite each described parcel of real property contained in exhibit "A," a copy of which is on file in the Office of the City Clerk and made a part hereof as though set forth in full and known as Group #1518 shall constitute special assessments against such respective parcels of land; and each such parcel of land is hereby assessed with the amount set opposite its description; and the assessment hereby made and confirmed shall constitute a lien on and against each such respective parcel of land for the amount of each respective assessment so made; and the report made to this body of the costs of removing the noxious or dangerous weeds on or in front of the respective parcels of land is hereby in all respects confirmed.

Section 2. It is directed that a copy of this resolution be delivered to the Tax Collector of the City of Mobile, and it shall be his duty to add the amounts of the above respective assessments to the next regular bills for ad valorem taxes levied against the said respective lots and parcels of land for municipal purposes, and such amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and same procedure on foreclosure and sale as in the case of delinquency as provided for ordinary ad valorem taxes.

The resolution was read by the City Clerk; whereupon Councilmember Small moved that the resolution be adopted, which was seconded by Councilmember Manzie, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

AUTHORIZE CONTRACT AMENDMENT WITH SMG AND ALABAMA POWER COMPANY TO USE IDENTIFIED CITY PREMISES FOR PURPOSES OF A STAGING AREA FOR PERSONNEL AND EQUIPMENT FOR REPAIRING STORM DAMAGE. The following resolution was introduced by Councilmember Rich.

RESOLUTION: 21-176-2016

Sponsored by: Councilmember Manzie and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, the Amendment to Contract Between City of Mobile, SMG and Alabama Power Company ("Amendment"), for the use of entitled City of Mobile premises for purposes of a staging area for personnel and equipment for repairing storm damage, to extend the contract through April 1, 2018, as outlined in the amendment attached hereto and made a part hereof as though set forth in full. A copy of said amendment is on file in the office of the City Clerk.
The resolution was read by the City Clerk; whereupon Councilmember Rich moved that the resolution be adopted, which was seconded by Councilmember Manzie, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

AUTHORIZE CONTRACT WITH MCELHENNEY CONSTRUCTION COMPANY, LLC, FOR TOULMINVILLE SIDEWALKS 2014 CDBG PROJECT, $791,649.05 (D1; COM PROJECT NO. 2014-202-13). The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 21-177-2016

Sponsored by: Councilmember Richardson and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a contract, by and between the City of Mobile and the company listed below, for work as outlined in the contract attached hereto and made a part hereof as set forth in full, subject to the company signing the contract and furnishing the required bonds and insurance. A copy of said executed contract will be on file in the office of the City Clerk.

Name of company: McElhenney Construction Co., LLC

Project name: Toulminville Sidewalks 2014 CDBG Project,
COM Project No. 2014-202-13

Estimated Cost: $791,649.05

The resolution was read by the City Clerk; whereupon Councilmember Richardson moved that the resolution be adopted, which was seconded by Councilmember Gregory, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

REAPPOINT STEWART BROOKS TO THE BOARD OF ELECTRICAL EXAMINERS. The following resolution was introduced by Councilmember Rich.

RESOLUTION: 03-179-2016

Sponsored by: Councilmember Rich

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Stewart Brooks (National Electrical Contractors Association) is re-appointed to the Board of Electrical Examiners effective immediately for a term ending March 1, 2020.

SUSPENSION OF RULES FOR IMMEDIATE CONSIDERATION OF RESOLUTIONS BEING INTRODUCED FOR FIRST TIME:

Councilmember Gregory moved for the suspension of the rules for the immediate consideration of Resolution 01-180. The motion was seconded by Councilmember Richardson, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Daves, Rich, Gregory
Nays: None

The Presiding Officer declared unanimous consent granted for the items

RESOLUTIONS BEING INTRODUCED:

AUTHORIZE AGREEMENT WITH MARION STEINFELS FOR THE PERFORMANCE OF CERTAIN TASKS RELATING TO THE MANAGEMENT OF COMMUNICATION SERVICES AND RESOURCES FOR THE CITY COUNCIL. The following resolution was introduced by Councilmember Gregory.

RESOLUTION: 01-180-2016

Sponsored by: Councilmember Gregory

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, the attached Communications Consultant Agreement with Marion Steinfels for the performance of certain tasks relating to the management of communication services and resources to connect citizens, community organizations, and businesses to local government by increasing public awareness of programs, services, and activities in a timely, transparent, and professional manner.

Councilmembers Gregory, Rich, Richardson and Small welcomed Marion Steinfels to the City Council staff.

The resolution was read by the City Clerk; whereupon Councilmember Gregory moved that the resolution be adopted, which was seconded by Councilmember Richardson, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

CALL FOR PUBLIC HEARINGS:

CALL FOR PUBLIC HEARING TO REZONE PROPERTY AT 2724 OLD SHELL ROAD AND 104 AND 106 BAY SHORE AVENUE (NORTHEAST CORNER OF OLD SHELL ROAD AND BAY SHORE AVENUE) FROM LB-2, B-2 AND R-1 TO B-2, TO ALLOW A RETAIL BUSINESS AND RESTAURANT. The following resolution was introduced by Councilmember Rich.

RESOLUTION: 41-178-2016

Notice is hereby given that the City Council of Mobile proposes to consider the adoption of the attached amendment to the Ordinance adopted on the 16th day of May, 1967, and known as the "Zoning Ordinance." The adoption of such amendment will be considered by the City Council of Mobile in the Mobile Government Plaza Auditorium, 205 Government Street, Mobile, Alabama, on the 12th day of April, 2016, at 10:30 am. At such time and place all persons who desire shall have an opportunity to be heard in opposition to, or in favor of the amendment. Furthermore, the City Council, at this public hearing, may consider zoning classifications other than that sought by the applicant for this property.

This notice is published pursuant to a resolution of the City Council of Mobile adopted
on the 15th day of March, 2016.

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the City Clerk be , and she hereby is, instructed to publish the attached proposed amendment to the Zoning Ordinance at least once a week for two consecutive weeks in a newspaper of general circulation within the municipality, together with the attached notice stating the time and place that said proposed amendment is to be considered by the City Council, and further stating that at such time and place all persons who desire shall have an opportunity of being heard in opposition to or in favor of such amendment.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOBILE AS FOLLOWS:

Section One: That the Ordinance commonly known as the Zoning Ordinance and adopted May 16, 1967, together with the Zoning Map of the City of Mobile, 1967, be, and the same hereby is changed and altered in respect to that certain property in the City of Mobile, State of Alabama, described as follows to-wit:

LOT 11, 12, 13, 14, 15, 16, 17, 18, 19 & 20 BLK 5 CRICHTON SUB DEED BOOK 107 PAGE 216 OF THE RECORDS IN THE OFFICE OF THE JUDGE OF PROBATE, MOBILE COUNTY, ALABAMA.

The classification of said property is hereby changed from LB-2, Limited Neighborhood Business District, B-2, Neighborhood Business District and R-1, Single Family Residential District, to B-2, Neighborhood Business District, to B-2, Neighborhood Business District, and it shall hereafter be lawful to construct on such property any structures permitted by the Ordinance of May 16, 1967, commonly known as the Zoning Ordinance and to use said premises for any use permitted by the terms of said ordinance in a B-2, Neighborhood Business District, provided, however, that the plans or any structure or building sought to be erected on said property shall be in compliance with the building laws of the City of Mobile, and that any structure shall be approved by the Building Inspector of the City of Mobile, and that any such structure be erected only in compliance with such laws, including the requirements of said Zoning Ordinance of May 16, 1967, and further provided, however, that no lot or parcel of land herein above described shall be used for any use allowed in a B-2, Neighborhood Business District, until all of the conditions set forth below have been complied with:

Section Two: This Ordinance shall be in force and effect from and after its adoption and publication.

Councilmember Rich then moved to call for the public hearing, which move was seconded by Councilmember Richardson, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Daves, Rich and Gregory
Nays: None

The vote was then announced whereupon the Presiding Officer set the date for the public hearing as Friday, April 5, 2016.

ANNOUNCEMENTS

Councilmember Manzie stated the dates and times of four (4) district 2 community meetings will be announced soon.

Councilmember Manzie acknowledged members of Delta Sigma Theta sorority present in the audience.

Councilmember Daves announced the Finance Committee will meet Tuesday, March 22, 2015, 2:00 p.m., in the City Council conference room.

Councilmember Daves indicated that district five will hold a district meeting Tuesday, April 26, 6:00 p.m. at Westminster Presbyterian Church.

Councilmember Richardson noted that more than 9,000 tickets have been sold for the Elton John concert tonight at the Civic Center.

Councilmember Richardson commended Bob Brazier and SMG for their efforts in coordinating the Elton John concert.

Councilmember Richardson mentioned the street resurfacing projects in the Beau Terra community.

Councilmember Richardson requested the Zoghby Act be placed on the City’s web site for the convenience of the public.

Councilmember Richardson recounted that he travelled to Washington D.C. with Councilmembers Small and Manzie last week to attend the National League of Cities conference.

Councilmember Rich announced the district 6 community meeting will be held Thursday, March 31, 6:30 p.m. – 8:00 p.m., at the Connie Hudson Senior Center. Topics to be discussed will include the plans for Hillcrest Road traffic management and the design for the Playground Express at Medal of Honor Park.

Councilmember Small noted the district three meeting tonight, March 15, 2016, 6:00 p.m., at Maryvale Elementary School. Mayor Stimpson and Police Chief Barber are invited.

Councilmember Small announced the Gulfdale Community Action group will meet Thursday, March 17, 2016, 6:00 p.m., at Newhouse Park.

Councilmember Small invited everyone to attend the fourth annual district three Easter egg hunt on Saturday, March 26, 2016, 3:00 p.m., at Maryvale Elementary School

Councilmember Gregory stated that Plantasia will be held at Mobile Botanical Gardens March 18-20, 2016.

Councilmember Gregory stated the Council is in receipt of a letter from attorney Britton Bonner declaring discussions will involve consideration of the purchase, sale, exchange, lease or market value of real property and negotiations involving matter of trade or commerce, and that these discussions would have a detrimental effect upon the competitive position of the City if disclosed outside of an executive session.



Councilmember Gregory then moved to convene in executive session, which move was seconded by Councilmember Richardson, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Daves, Rich and Gregory
Nays: None

Councilmember Gregory concluded that the Council would not reconvene after the executive session.

The Presiding Officer adjourned the meeting at approximately 11:39 a.m.

Approved: March 22, 2016

_____________________________
COUNCIL PRESIDENT


_____________________________
CITY CLERK





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